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Asks 'How Could This Be Allowed to Happen?'
By Brad Friedman on 6/15/2006 12:43pm PT  

Emily Messner, a blogger at WaPo, has picked up on what's been going on in the Busby/Bilbray election fiasco and asks "How could this be allowed to happen?"

She explains why sending home Diebold voting machines with poll workers, overnight and unsecured for days, is outrageous (and, as we reported yesterday, also illegal) underscoring the point with this graf from NEWSWEEK's Steven Levy just a week or two ago:

It requires only a few minutes of pre-election access to a Diebold machine to open the machine and insert a PC card that, if it contained malicious code, could reprogram the machine to give control to the violator. The machine could go dead on Election Day or throw votes to the wrong candidate. Worse, it's even possible for such ballot-tampering software to trick authorized technicians into thinking that everything is working fine, an illusion you couldn't pull off with pre-electronic systems.

She forgot to give us credit for breaking and continuing to cover the story. But we're not really looking for credit, we're just looking for some democracy.

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Begins Petition Drive for Manual Hand Count of Paper Ballots and 'Paper Trails'!
By Brad Friedman on 6/15/2006 7:30am PT  

VelvetRevolution.us declares 'No Confidence' in the reported results of the Busby/Bilbray Election. Here's why.

Sign the VR petition demanding a manual hand count of paper ballots and paper trails to assure the election was tabulated correctly even though it was carried out on uncertified Diebold voting machines in contravention of state and federal law.

Election reform starts here. It's up to you now to spread the word!

(DISCLOSURE: The BRAD BLOG is a co-founder of VelvetRevolution.us)

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Was it Stolen? 'Only Answer is Yes,' says Schakowsky who Claims DCCC to Announce Steps Soon to Avoid 'Repeat Performance'
EXCLUSIVE: Complete Text of Prepared Remarks from today's 'Take Back America' Conference...
By Brad Friedman on 6/14/2006 6:54pm PT  

I just got off the phone with Congresswoman Jan Schakowsky (D-IL) who reportedly wowed 'em a few hours ago during her speech (posted in full below) on the closing afternoon of the "Take Back America" conference being held in Washington D.C.

In her remarks, Schakowsky apologized for "not taking seriously enough the allegations that the 2004 election was stolen." She now feels it was, and claims that the Democratic Congressional Campaign Committee (DCCC) will be launching an initiative. From today's speech:

I apologize for not taking seriously enough the allegations that the 2004 election was stolen. After reading Bobby Kennedy's article in Rolling Stone, "Was the 2004 Election Stolen?", I am convinced that the only answer is yes. He documents how 357,000 Ohio voters, the vast majority Democrats, "were prevented from casting ballots or did not have their votes counted...more than enough to shift the results." Watch for the DCCC to take some very public steps in the near future to ward off a repeat performance. In the meantime, there needs to be a citizens' effort starting now to assess the machines, the ballots, the registration process within each and every election jurisdiction in each and every swing district and state, in the case of Senate races. Where the situation looks perilous, go to the media, raise a stink, demand changes. This is a great project for the many of you who have been diligently working to guarantee fair and accurate elections.

Raise a stink? Can do. So can you! Sign Velvet Revolution's petition declaring "No Confidence" in the Busby/Bilbray race!

(Hat tip to my buddy Peter B. Collins, who is in DC to cover the conference, for his quick phone call alert after Schakowsky's speech earlier this afternoon!)

Schakowsky's prepared statement from today's Take Back America conference speech follows in full...

--- Click here for REST OF STORY!... ---

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On California Elections Officials: 'Democracy is in the Hands of People Who Regard it as More Trouble Than It’s Worth'
By Brad Friedman on 6/14/2006 5:59pm PT  

Tribune Media Services columnist, Robert Koehler, has declared 'No Confidence' in the recent Busby/Bilbray special U.S. House election about which we've been reporting extensively on here at The BRAD BLOG over the past week.

In his latest column, online today, in papers tomorrow, Koehler discusses "democracy extremists" such as yours truly (who he refers to as "democracy maven Brad Friedman" so how could we not like him?) and the mess of an election held last week in San Diego where the world's most hackable voting machines --- Diebold's --- were sent home for overnight with poll workers in the weeks preceding the election.

The sleepovers, Koehler confirms, are in direct violation of the CA Sec. of State, Bruce McPherson's own recent security mitigation procedures for use of Diebold systems, apparently violating their certification for use in last week's election, as we reported in detail earlier today.

Koehler's as appalled as we are and writes in his tremendous column (please read the whole thing!):

A spokesman at [San Diego County Registrar Mikel] Haas’ office subsequently confirmed the “sleepover” (as Friedman put it). And another spokesman, at McPherson’s office, who took the better part of two days to return my calls, refused to answer a simple, point-blank question: Were chain-of-custody requirements violated in San Diego County? Instead, she e-mailed me a copy of the secretary of state’s certification process, which seemed to confirm that indeed they were. Further calls to McPherson’s office have not been returned.
...
I don’t know whether the secretary of state’s allegiance is to partisan politics or just a quick count. But like others who have looked on appalled at the procedural sloppiness of this election, I have no confidence in Bilbray’s 4,732-vote “victory” over Busby. Worse, I fear that democracy in the electronic era is in the hands of people who regard it as more trouble than it’s worth.
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San Diego County Registrar Admits to Security Lapses Which Would Nullify Legal Use of Systems According to Both State and Federal Requirements, Provisions!
Registrar of Voters Not Concerned, Says Poll Workers would 'have to want to commit a felony, which knocks out most of our poll workers'
By Brad Friedman on 6/14/2006 3:11pm PT  

The electronic Diebold voting systems used in the special run-off election last week for California's 50th U.S. House district were effectively 'decertified' and invalidated for use in the election after massive security breaches in the storage of those systems were sanctioned by the San Diego County Registrar of Voters, The BRAD BLOG can now conclude.

Based on the review of several different very specific state and federal requirements, laws and provisions, the unsecured overnight storage of Diebold voting machines and their memory cards in poll workers houses, cars and garages in the days and weeks prior to the closely watched election between Republican Brian Bilbray and Democrat Francine Busby violated several federal and state provisions which, if not followed, would revoke the certification of use for the voting systems in any California election.

In the wake of discussions yesterday with SD County Registrar Mikel Haas, who admitted to The BRAD BLOG that storage in poll workers' cars could not be considered secure, it has now become clear that several violations of certified provisions of use for Diebold voting machines --- which have been found and confirmed in the past several months to be highly tamperable by dozens of methods and by the company's own admissions --- occurred in last week's race...

--- Click here for REST OF STORY!... ---

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By John Gideon on 6/14/2006 9:11am PT  

The map at left shows recent ballot programming flaws across the country. (Click it for details). It is by no means indicative of all flaws. Just the ones we know about. So far.

These are just some of the places where there may be failures in Nov. 2006. How can companies that can't program a couple state's machines for a primary election do 20 to 40 states all at the same time?

Trainwreck ahead. Don't say we didn't warn you.

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Says Sending Hackable Diebold Voting Machines Home With Pollworkers an 'Egregious Violation of Chain-of-Custody Precautions'
By Brad Friedman on 6/14/2006 6:45am PT  

Warren Stewart, Director of Legislative Issues and Policy for VoteTrustUSA calls the Busby/Bilbray election into doubt in his article yesterday, headlined, "Vendor Failures and Lax Security Procedures Call Election Results Into Question In States Across The Country":

...In the most closely-watched election in the nation last week – the special election to fill Rep. Randy “Duke” Cunnigham’s vacant US House seat representing California’s 50th District – volunteer pollworkers were allowed to take Diebold voting machines home as much as two weeks before the election. That’s right – in spite of new "security procedures" issued by Secretary of State Bruce McPherson when he “conditionally” re-certified Diebold’s equipment for use in the state, these machines had “sleepovers” in pollworkers’ garages. Given this egregious violation of chain-of-custody precautions, its no wonder that the accuracy of the election has been called into question.

The fact that the official results are “plausible” in California’s special election is beside the point. In fact, if the corrupted results had been “plausible” in Pottawattamie County, there would have been no scrutiny and losing candidates would have been elected. After a publicly observed hand count of the ballots, voters can be reasonably confident in the results of elections in Pottawattmie County. Without a similar hand count of the California special election, voters have no reason to believe the official results are accurate.

Election officials should be held accountable for the voting technology they have advocated.
...
Having used millions in taxpayer dollars to buy unverifiable, error-prone equipment to count the votes in our elections from their friends at ES&S, Diebold, Sequoia, and Hart Intercivic, the burden is on the election officials to prove that those votes were counted correctly.

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CNN Anchor Files 6th Report, in As Many Days, on Electronic Voting Machines: 'Democracy for Sale'
By Brad Friedman on 6/13/2006 8:19pm PT  

Yesterday, Lou Dobbs did his 6th straight report on the dangers of E-Voting. Today he did his 7th report in a row, we hope to have that for you tomorrow.

In yesterday's report, Dobbs introduced it by describing the "rising doubts" about Electronic Voting Machines and said those doubts "about their accuracy and integrity threaten to undermine confidence in our democracy." Right on, Lou.

The report even quotes from last year's landmark GAO report on Electronic Voting, broken here last October, and unreported by CNN (or virtually anyone else in the media) at all until yesterday! (See the graphic at upper right)

Attorney Lowell Finley of VoterAction.org, the non-partisan group filing lawsuits to stop these systems around the country, is quoted as saying, "The real danger with electronic voting is with insider fraud, who just need a few minutes of access to a voting machine or to a tabulating computer and they can wreak havoc."

Dobbs closed the segment yesterday, incredulously, with this:

DOBBS: This is --- this is becoming a very, very troubling exercise in that we have people defending results who can't even defend the process or the technology because it's proprietary and it's not being shared. And therefore, it's not auditable...And without that ability, how do you conduct a recount reliably and transparently?

We'll have a report on one of those "people defending results," Michael Haas, the Registrar of Voters in San Diego County, where the results of the 50th Congressional district U.S. House race have been corrupted by his cavalier lack of concern about the security of Diebold voting systems used in the race. He seems to have no concerns, as Finley mentioned, about "insider fraud," or of the concept that "a few minutes of access to a voting machine...can wreak havoc." More on that tomorrow.

The video of Dobbs' 6th report in a row (compliments of David Edwards, natch) is linked below:


-- Video in Streaming Flash format...
-- Video in Windows Media format...

The complete text-transcript of yesterday's report follows...

--- Click here for REST OF STORY!... ---

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Officials Confirm: Tainted Election Results Still Features Thousands of Uncounted Ballots, Unofficial Numbers, No Winner has Been Certified!
Now Why Would The Republicans Do That?
By Brad Friedman on 6/13/2006 4:59pm PT  

In light of our recent reports that California's special run-off election to fill the seat of disgraced former Rep. Randy "Duke" Cunningham in the 50th congressional was carried out on voting machines tainted by massive security breaches --- having been sent home with poll workers in the weeks prior to the election in violation of several state and federal directives --- Republicans have rushed to swear in the "winner" Brian Bilbray in Washington D.C. this morning, despite the election results being unverified, ballots still being counted and the "winner" not even certified in the state.

The Associated Press, who ran a photo today of a "mock swearing-in ceremony" in House Speaker Dennis Haster's office, also ran a story, widely carried unquestioningly around the country, describing Bilbray's official first day in the U.S. House, as if the election results had been legitimized. They haven't been.

"Bilbray sworn in to replace Rep. Cunningham," says the headline accompanying a story written by AP's Erica Warner and picked up widely. The story gives no indication that the questionable results of the election have yet to be certified by the state of California.

AP's coverage has been published widely today by, amongst scores of others, USA Today and Washington Post.

And yet, four sources in the CA-50's San Diego County Registrar of Voters office, including the Registrar himself, Michael Haas, along with two officials in the CA Secretary of State's office have confirmed to The BRAD BLOG that there are thousands of votes still be counted in the closely watched race, which has yet to be officially certified by either the county or the state...

--- Click here for REST OF STORY!... ---

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By David Edwards on 6/13/2006 11:59am PT  

Guest blogged by David Edwards of Veredictum.com


Video in Streaming Flash format...
Video in Windows Media format...

Stephen Colbert had Robert Kennedy Jr. as a guest on last night's edition of the Colbert Report. With the show's more relaxed interview format, Kennedy was able to give a quick but meaningful overview of how Republican officials may have stolen the 2004 Presidential election in Ohio.

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Busby States Confidence in Machine Counted Results, Ignores Fact that Hackable Voting Machines Were Sent Home with Poll Workers Prior to Election and Thus are to be Considered Contaminated Until a Full Manual Hand Count Can Verify, Validate Reported Results
Confirms She Could Still Be Certified as Winner Despite Previous 'Concession'
By Brad Friedman on 6/12/2006 10:32pm PT  

I've now heard from several high-level folks in the DNC's Voting Rights Institute who have expressed concern about the situation in the CA-50 race. I've been told they will be having more meetings to discuss the matter tomorrow, and will likely be contacting me soon for further information and/or details about the matter. They seemed to be very concerned about the information I've given them and as previously reported on the matter here at The BRAD BLOG.

I can only hope they do a better job paying attention to this, and the larger matter at stake here, than they did with their report supposedly looking into the problems with the 2004 Presidential Election in Ohio. In that report, they stated they found "no evidence of fraud." Though when I drilled the now-former VRI Executive Director, Vincenty Frye about whether or not they actually investigated the many reports of fraud in that election and its recount, he admitted --- on air [MP3] --- that they did not.

In the meantime, it seems Francine Busby's campaign (who has still failed to return any of my calls) is now replying via Email to those who have questioned her position on the matter, and whether or not she plans to demand a 100% manual hand count of all the paper ballots and "paper trails" in the race now that it's been indisputedly shown that the secure chain of custody for the voting machines was irreparably violated when San Diego County officials sent the world's most easily-hacked voting machines home with poll workers days and weeks prior to last Tuesday's important special election run-off for the U.S. House seat vacated by the disgraced Randy "Duke" Cunningham.

Her emailed statement, as forwarded by Dr. Mike Byron --- a friend of Busby's and the 2004 Democratic nominee for the U.S. House in CA's 49th congressional district --- was posted earlier today in this BRAD BLOG comment. The statement illustrates a number of troubling issues. In particular, that Busby doesn't yet seem to have a grasp on what the actual concerns are about the tainted results, as currently reported, in her own election...

--- Click here for REST OF STORY!... ---

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Big Eddie Begins to Get It...
By Brad Friedman on 6/12/2006 4:45pm PT  

I was tipped off that callers to The Ed Schultz Show were misreporting my coverage of the tainted results as reported by the San Diego County Registrar from the Busby/Bilbray U.S. House special election in California's 50th congressional district last week. (All BRAD BLOG stories on the topic here.)

I was able to get through to Schultz' producer (thanks, Homey!) who was able to get me on the air with Big Ed to straighten out the record after a few minutes explaining it to Ed off air. After understanding what the hell is going on here, Schultz --- who has previously declined to deal with E-Voting issues in large part --- seemed to be ticked off when he learned that security for the Diebold voting machines used in the election was irreparably breached by sending the machines home with poll workers, in violation of California guidelines, prior to the very close and very important election.

He's called for an explanation from Schwarzenegger and wonders if Sen. Barbara Boxer has yet rung in on this (she hasn't, as far as we know --- though we have heard that there's been quite a bit of buzz today "inside" the DNC on the whole matter...More on that later if we're able to get confirmable, and therefore publishable, specifics.)

You can listen to the Schultz segment in full (about 13 minutes) here:

-- Brad discussing Busby/Bilbray on The Ed Schultz Show [MP3]...

P.S. Lou Dobbs just covered the issue of Electronic Vote Fraud concerns for the 6th straight day. We'll try and get up the video, or at least a transcript of today's report later tonight.

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Emery County's Bruce Funk is Stunned by San Diego County Procedures Allowing Diebold Voting Machines to be Sent Home with Poll Workers Prior to last Tuesday's Special Run-off Election for the U.S. House
23-Year County Clerk Who Allowed a Security Analysis Uncovering the Most Alarming Diebold Vulnerability to Date Sends a Letter to The BRAD BLOG...
By Brad Friedman on 6/12/2006 1:32pm PT  

Bruce Funk, the 23-year Emery County, Utah county clerk who allowed computer security experts Harris Hursti and Security Innovation to examine the Diebold AccuVote TSx voting systems forced on him by the state last March --- which led to the discovery of a massive security vulnerability in all Diebold touch-screen systems, as originally broken by The BRAD BLOG, and subsequently followed up by New York Times, NEWSWEEK, NPR and many other MSM outlets --- writes in with his concerns about the results of last week's special election in San Diego between Francine Busby and Brian Bilbray to replace Randy "Duke" Cunningham in CA's 50th U.S. House congressional district.

(All of our reports on that race, so far, in which San Diego county blatantly defied the CA Sec. of State's own security mitigation requirements, not to mention common sense, by sending the voting machines home with poll workers days and weeks prior to the election can be read here.)

As reported recently by the Salt Lake Tribune, since allowing the security examination in Utah, Funk has been pushed out of his job by state officials, in apparent collusion with Diebold officials. (My radio interview with Funk about all of this, from my recent Guest Host stint on the Peter B. Collins Show, is here.)

In the letter on the Busby/Bilbray matter, Funk writes...

Brad,

After reading your articles on the Busby/Bilbray Election, I am in shock! The security vulnerabilities I know to be associated with the Diebold touch screen voting machine would makes this unimaginable. Utah (and Diebold themselves) accused me that by my allowing Black Box Voting security expert Harri Hursti having access to two machines in Emery County that I had jeopardized the elections for the entire state of Utah. The analysis was all, of course, supervised and video taped to document anything done by Mr. Hursti.

You just don't let these machines go outside established security procedures. Inappropriate access [to the Diebold touch-screen systems] for example; loading on a macro program can happen within minutes and will go undetected on the machine. You can access the machines as I recall even if the front doors are sealed. These security seals, that they talk about as the answer, will probably be taken off by these same poll workers and so who will even notice?

I would worry at every stage of the deployment of the machines even by those who might transport or set them up at polling locations.

I believe that people need to keep the security issues of these machines on the front burner and talk it up with everyone. My worry is that when we as people give up and get tired of the fight, then they have won. Corporate America needs to come clean about the vulnerabilities, clean them up, and let an independent group verify it. If these machines are so great why didn't they use them in the Iraq Elections?

I just can't believe San Diego would permit such a thing in such an important election. Or any election for that matter!

Bruce

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By Brad Friedman on 6/12/2006 12:55pm PT  

In following up on Robert F. Kennedy Jr. recent piece in Rolling Stone offering reams of evidence suggesting that the 2004 Presidential Election was most likely stolen, NY Times columnist Bob Herbert op/eds today:

Kerry almost certainly would have won Ohio if all of his votes had been counted, and if all of the eligible voters who tried to vote for him had been allowed to cast their ballots.

Since the op/ed at the Times is available to 'Times Select' members only (a 14 day trial is available,) you can get a few more excerpts from RAW STORY instead.

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(Scroll down beyond this item for the latest news items)
By Brad Friedman on 6/12/2006 12:34pm PT  

A glitch (yes, a software glitch) found in WordPress this morning, the new software now in place for use here at The BRAD BLOG, kicked in and took us down for much of the morning. We're back up (as you can see) and still working through a host of other issues concerning comment problems and other matters. For now, we recommend you copy your comment to the clipboard before hitting "submit" just in case it doesn't post as it is supposed to on first try!

Please use this item to report any problems you may come across. We'll also keep our eye on the previous item asking for input on these issues.

Otherwise, please scroll down below this item for the latest actual news (on the questionable results of the Busby/Bilbray election and other matters) that I'm also trying to deal with at the same time...

*** IMPORTANT NOTE! *** Since we're still having a bug in the comments posting, PLEASE remember to copy your note (CTRL-C) before submitting it in case it doesn't post. If it doesn't, use paste (CTRL-V) to try again. The problem seems to take care of itself on second post attempt! We're working on it...

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